1 2025:CGHC:54905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7324 of 2025 Navnoor Singh S/o Baaj Singh Aged About 28 Years R/o Village Gaggubua, Tarn Taran, P.S. Sadar, Distt. Amritsar (Punjab) --- Applicant Versus State Of Chhattisgarh Through P.S. Masturi, Distt. Bilaspur, Chhattisgarh. ---Non-Applicant For Applicant : Mr. H.A.P.S. Bhatia, Advocate For Non-applicant : Mr. Nitansh Kumar Jaiswal, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 11/11/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant has been arrested in connection with Crime No. 649/2024 registered at Police Station – Masturi, District – Bilaspur (C.G.), for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution's story in brief is that, on 06.11.2024, the police authorities of Police Station – Masturi, District – Bilaspur, received a secret information from an informant and on the basis of the said information, conducted a raid and seized 2.072 Kgs of Opium from the possession of the applicant. Thereafter the aforesaid offences were registered against the applicant. 3. It has been argued by learned counsel for the applicant that the applicant 2 has been falsely implicated in this case and the said drug article i.e. 2.072 Kgs of Opium is less than the commercial quantity and therefore, it will not attract the rigors of Section 18 of the NDPS Act, 1985. It is further submitted by the learned counsel for the applicant that he has no criminal antecedents against him. He is in jail since 06.11.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, he submits that the applicant is having 02 criminal antecedents in the State of Punjab and no explanation has been offered for the same. Hence, he prays that the applicant shall not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the article i.e. 2.072 Kgs of Opium was recovered from the possession of the present applicant, which is less than commercial quantity. Moreover, the fact that investigation is complete, charge-sheet has been filed before the competent Court. Also considering the fact that the applicant is in jail since 06.11.2024, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Navnoor Singh, involved in Crime No. 649/2024 registered at Police Station – Masturi, District – Bilaspur (C.G.), for the offence punishable under Section 18 of the NDPS Act, 1985., be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for 3 evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, this Court hopes and trusts that the Trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of certified copy of this order in accordance with law, if there is no legal impediment. 4 9. Office is directed to send a certified copy of this order to the Trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY